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Purdue Pharma agreed to pay $270 million to the Oklahoma state attorney general on March 26, 2019 for its painkiller medication, OxyContin, for aggressively marketing its drug that led to an epidemic of deaths in the state. The settlement includes money that will establish addiction treatment and research centers and money that will go directly...
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Bristol-Myers Squibb Co. and Otsuka Pharmaceutical Co. Ltd. have reached a confidential settlement regarding the drug Abilify with plaintiffs in the multi district litigation (MDL) on February 26, 2019. The drug is meant for antipsychotic purposes to treat schizophrenia and bipolar disorders. However, Abilify has also been known to cause side effects of compulsive behaviors,...
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On August 16, 2018, the US Court of Appeals for the Sixth Circuit remanded Duncan v. Liberty Mut. Ins. Co., 2018 U.S. App. LEXIS 22811, back to the US District Court. The case involved the Medicare Secondary Payer Act (MSPA) and questioned whether a party can pursue double damages under the MSPA. Facts of the...
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Recently, this question was addressed by the Maryland Court of Special Appeals in Netro v. Greater Balt. Med. Ctr., Inc., No. 1990, 2018 Md. App. LEXIS 679 (App. July 5, 2018). In Netro, the Fourth Circuit added to the budding list of jurisdictions addressing who is able to sue under the private cause of action...
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An updated Worker’s Compensation Medicare Set-Aside (“WCMSA”) reference guide has been issued. The revised guide includes: Fields formerly labeled as “HICN” have been labeled as “Medicare ID” and can accept either Health Insurance Claim Number (“HICN”) or the new Medicare Beneficiary Identifier; The link to the CDC Life Expectancy Table has been updated; and The...
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Two recent legal decisions out of the Eleventh Judicial Circuit in and for Miami Dade County indicate that Medicare Advantage Organizations (MAOs) may be able to obtain reimbursement from no-fault liability carriers pursuant to Medicare Secondary Payer law on a class-wide basis. On April 20, 2017, the Honorable Judge Antonio Arzola entered a 56-page order...
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